BNSS Section 173 — Information in cognizable cases

Summary

Anyone can give information about a cognizable offence (a serious crime where police can arrest without a warrant) to the officer in charge of a police station, no matter where the crime happened. If the information is given orally, the officer must write it down, read it back to the person giving it, and get that person’s signature. If given by electronic communication, the officer must record it and get the person’s signature within three days, and the key points must be entered in a specific register.

If a woman is reporting certain sexual offences, a woman police officer or woman officer must record the information. If the person reporting such an offence is temporarily or permanently mentally or physically disabled, the police officer must record the information at that person’s home or a place of their choice, with an interpreter or special educator present, and the recording must be videotaped. The police officer must also get the person’s statement recorded by a Magistrate as soon as possible.

A free copy of the recorded information must be given immediately to the person who gave it or to the victim. For a cognizable offence punishable with 3 to 7 years in prison, the police officer may, with permission from a Deputy Superintendent of Police, first conduct a preliminary inquiry within 14 days to check if there is a prima facie case, or directly start an investigation if a prima facie case exists.

If the police officer refuses to record the information, the aggrieved person can send the details in writing by post to the Superintendent of Police. If the Superintendent is satisfied that a cognizable offence has been disclosed, they must either investigate themselves or order another police officer to investigate. If that does not happen, the aggrieved person can apply to a Magistrate.

Official Text

(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—

(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;

(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that—

(a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.

(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—

(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or

(ii) proceed with investigation when there exists a prima facie case.

(4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1241 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.10 p.78 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §154 — Information in cognizable cases